Trademark Rules

(1) An application for the registration of a collective mark for goods or services under sub-section (1) of section 63 shall be made to the Registrar in Form TM-3, Form TM-64 or in the case of a single application in Form TM-66 or Form TM-67 as the case may be, in triplicate and shall be accompanied by five additional representations of the mark. The draft regulations to be submitted with the application under sub-section (1) of section 63 shall be in triplicate and shall be accompanied by Form TM-49.
(2) References in Part I of the rules to the acceptance of an application for the registration of a trade mark for goods or services, shall, in their application to collective mark, be substituted by references to authorisation to proceed with the application.
(3) An applicant for the registration of a collective mark shall not be deemed to have abandoned his application, if in the circumstances of sub-rule (5) of rule 38 he does not apply for a hearing or reply in writing.
(4) The address in India, if any, of an applicant to register a collective mark shall be deemed to be the address of his principal place of business in India for all the purposes for which such an address is required by the rules.
(5) The regulations governing collective marks shall specify inter alia -
(a) the name of the association of persons and their respective office addresses;
(b) the object of the association;
(c) the details of members;
(d) the conditions for membership and relation of each member with the group;
(e) the persons authorised to use the mark and the nature of control the applicant exercise over the use of the collective mark;
(f) the conditions governing use of the collective mark, including sanctions;
(g) the procedure for dealing with appeals against the use of the collective mark;
(h) such other relevant particulars as may be called for by the Registrar

(1) The Registrar shall cause an application for the registration of a collective mark to be examined, in the first instance, as to whether it satisfies the requirement of the Act and the rules and issue a report to the applicant.
(2) The Registrar shall not refuse an application for the registration of a collective mark or accept the application subject to any conditions or limitations or impose amendments or modifications to the application or to the regulation without giving the applicant an opportunity of being heard and the procedure thereto shall be regulated by the provision of sub-rule (4)of rule 38 to rule 42.

(1) On acceptance of the application the Registrar shall cause the application to be advertised in the Journal and the provisions of rules 47 to 57 shall apply mutatis mutandis to further proceedings in the matter as they apply in relation to an application for the registration of a trade mark.
(2) In any case of doubt with regard to proceedings on the opposition to the registration of a collective mark, any party may apply to the Registrar for directions.

(a) An application by the registered proprietor of a collective mark for any amendment to the regulation under Section 66 shall be made in Form TM-42 and where the Registrar accepts any such amendment he shall advertise, such application in the Journal and further proceedings in the matter shall be governed by rules 47 to 57.
(b) A collective mark may be renewed from time to time and the provision of rule 63 to 67 shall apply mutatis mutandis in respect of such request for renewal.